Regulatory Enforcement + Compliance

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On May 19, the Federal Trade Commission and all fifty state attorneys general and the District of Columbia charged four cancer charities and their operators with bilking more than $187 million from consumers.  The alleged fraud, detailed in a complaint filed in the United States District Court for the District of Arizona, is said to…

On May 1, the District Court for the Middle District of Alabama issued an order requesting that the parties provide supplemental briefing on the issue of standing in a lawsuit alleging Fair Credit Reporting Act violations.  As we have previously reported on the blog, the Supreme Court recently granted certiorari in the Spokeo case…

Despite the rise in student loan balances over the past decade, a new TransUnion study found that student loan obligations have not inhibited younger consumers’ ability to access and repay other consumer credit categories, such as auto loans and mortgages, when compared to their peers without student loans.

According to TransUnion, this is contrary …

A district court in Florida quickly denied a motion by Whole Foods Market Group Inc. to stay a proposed class action under the Fair Credit Reporting Act until the Supreme Court rules on the pending matter in Spokeo, Inc. v. Robins, which addresses issues of claimed statutory violations.  Whole Foods argued that the proposed …

In Modica v. Green Tree Servicing, LLC, the Northern District of Illinois limited the scope of what constitutes an Automatic Telephone Dialing System (ATDS) under the Telephone Consumer Protection Act.  Judge Zagel found that a system requiring an agent to manually access a consumer’s telephone number from a computer server and then “click” to …

In a speech made on May 12 to the National Association of Realtors, Consumer Financial Protection Bureau Director Richard Cordray addressed questions surrounding the three-day requirement of the TILA-RESPA Integrated Disclosure Rule (“TRID”) and said it “should not interfere with a successful closing, as some have claimed.  In fact, there has been some serious misunderstanding …

As we discussed in March, the Consumer Financial Protection Bureau is soliciting public comment on how the credit card market is functioning and the impact of credit card protections on consumers and issuers.

To allow interested persons additional time to consider and submit their responses, the CFPB announced it is extending the comment period on…

On May 12, in Tamara Diaz v. Kubler Corporation d/b/a Alternative Recovery Management, the Ninth Circuit Court of Appeals ruled 3-0 in favor of a collection agency on issues related to including interest in debt collection notices.  The Court of Appeals reversed the district court and held that a collection letter seeking 10 percent …

Lawsuits filed by consumers under the Fair Debt Collection Practices Act, Telephone Consumer Protection Act, and Fair Credit Reporting Act all increased from February to March 2015, according to the latest report from WebRecon.

FDCPA lawsuits increased by 3.9 percent (892 to 927), from February to March, and FCRA lawsuits increased 3.3 percent (245 to…

Starting June 1, Alison Kutler will be the new acting chief of the Consumer and Governmental Affairs Bureau, the division of the Federal Communications Commission that oversees the Telephone Consumer Protection Act.  Kutler will replace current acting CGB bureau chief Kris Monteith who will remain at the FCC as deputy chief of the Wireline Competition…